CPS214 | Arbitration: Practice, Procedure and Strategy

In recent years, the practice of arbitration in India has gained momentum, both in numbers and in complexity. Traditionally and somewhat even today, ad hoc arbitrations are the primary type of arbitrations but institutionally administered arbitrations for domestic cases are on a rise. Trends indicate that institutionally administered arbitrations have been the norm in international commercial arbitrations and therefore is the future. A practical understanding of the workings of the institutional arbitration process and dealing with trial advocacy is essential for any professional who may be involved in arbitrations in India. This course aims to address this practical need.

The course will introduce students to the practice of international arbitration with a focus on institutionally administered arbitration (utilizing the MCIA Administered Arbitration Rules).

Utilizing a case study as the basis for the course, students will apply the theory of arbitration to a mock arbitration case. The course will provide students with the opportunity to manage a case from the beginning to the end. From providing a client with a strategy from the outset of the dispute, to invoking arbitration agreement and commencing an arbitration, drafting pleadings, dealing with evidence (documentary and oral), interviewing witnesses, drafting witness statements, cross examining witnesses and presenting oral arguments before a tribunal, students will have the opportunity to enhance their legal and trial skills in the context of an arbitration. Mock hearings will take place to enhance the oral advocacy skills of students. Most classes will be assigned reading in advance of class. Students will be expected to participate in role-play simulation exercises and teamwork assignments.